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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
B. Papa Rao – Appellant
Versus
Chief Executive Officer, (CEO) TPWODL, Burla, Sambalpur – Respondent
| Table of Content |
|---|
| 1. challenge to pension nominee change (Para 1 , 2) |
| 2. opposition to change of nominee (Para 3) |
| 3. arguments on validity of nominee change (Para 4 , 5 , 6 , 7 , 8) |
| 4. interpretation of pension rules (Para 9 , 10 , 11 , 12) |
| 5. judicial precedents on family pension eligibility (Para 13 , 14 , 15) |
| 6. court orders pension nominee change (Para 16 , 17) |
| 7. conclusion of the judgment (Para 18) |
Judgment :
S.K. Mishra, J.
1. The Petitioner, who is a retired employee, has preferred the present Writ Petition challenging the order dated 12.10.2018 as at Annexure-11, vide which his prayer for change of nominee for the purpose of family pension stood rejected on the ground that such a prayer is not permissible under the Pension Rules. A further prayer has been made to direct the Opposite Parties to change the name of the nominee in the Pension Book by entering the name of the Petitioner’s 2nd wife within a stipulated period.
2. The brief facts, which led to filing of the Writ Petition, are that the Petitioner, who was serving as an Assistant. Engineer (Elect) under the Opposite Parties, retired from his service in the year 2005 and his 1st wife’s name was entered in his pension book. On 26
Post-retirement spouses are entitled to family pension benefits, allowing for a change of nomination in pension documents as per relevant rules.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
Nominee holds pension/gratuity as trustee; legal spouse's claim prevails over nomination under succession laws.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
Family pension precedence for elder widowed daughter over unmarried daughter requires proof of dependency; absent such proof despite opportunities, pension granted to nominated dependent unmarried da....
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
A mother who has remarried is not entitled to family pension benefits as per Regulation 70 of Pension Regulations, 2008, which prioritizes the father when a son has nominated him as the pension benef....
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